宪法权威的生成机制辨析

宪法权威的大小受制于社会发育的情况,只有在市民社会发育良好,并且能同政治国家形成有力制衡的条件下,宪法权威才有可能逐步形成。宪法实施的积极的、主要的、基本的方式是立法机关的立法,在违宪审查机制的作用下,确保立法机关的立法符合宪法精神和原则,保障宪法实施的内在统一;在相关立法不足的情况下,通过宪法司法化,直接援引宪法规范维护宪法主体的宪法权利,乃是宪法实施的一种辅助方式。在宪政秩序不健全的社会,关注各种宪政事件,对于实施宪法,维护宪法权威具有重要意义。

Analyses of Bringing of the Authority of a Constitution

The authority of a constitution is subject to the development of a society. Only with a well-developed civic society that exercises a balance or resistance function against the political state, can the authority of a constitution be asserted. Mainly and fundamentally, a constitution is applied by way of the laws made by the legislature, which are subject to a judicial review if unconstitutional so as to ensure that legislations are in compliance with the spirits and principles of the constitution, and maintain the integrity of the internal elements of the constitution. Where no proper law exists, by way of “judicializating a constitution”, a constitution can be directly invoked in a court to protect a citizen's civil rights, which is a supplemental way of showing the application of a constitution. In a society without well-developed constitutional order, to pay heed to a variety of constitutional and political events is of great significance when applying a constitution and respecting for its authority.